4957.31
Contents of petition.

The petition referred to in section
4957.30 of the Revised Code shall
set forth the reasons that are supposed to make such change or alteration
necessary or desirable. The court of common pleas thereupon shall have the
jurisdiction of the parties and the subject matter of the petition, and may
proceed to examine the matter, either by evidence, by reference to a master
commissioner, or otherwise. If satisfied that such construction is reasonably
required to accommodate the public, or to avoid excessive expense, in view of
the small amount of traffic on the highway or railroad, and considering the
future uses to which the highway may be adapted, or in view of the difficulties
of other methods of construction, or for other good and sufficient reasons, the
court shall make an order permitting such crossing at a grade or diversion to
be established. In such order, the court may prescribe that gates, signals,
watchmen, or other safeguards shall be maintained by the railroad company, in
addition to the signals and safeguards prescribed by law, and all such orders
shall be binding upon the parties and be observed by them. All costs and
expenses of the proceedings shall be ascertained and allowed by the court of
common pleas and be paid by such party as it decides, or apportioned by the
court between the parties, and may be collected by execution out of such court.